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ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)
....er Article 102 of the Constitution of the Peoples Republic of Bangladesh, the respondents have been called upon to show cause as to why the proceedings of Double Mooring Police Station Case No.7 dated 2-12-2007 corresponding to ACC GR No.15 of 2007 under sections 26(2) and 27 of the Anti-Corrup......te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ..Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4
Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)
....rdship, the Chief Justice of Bangladesh for disposal are taken together for analogous hearing as the matter involved in those Writ Petitions are identical one arising out of Motijheel PS Case No. 140 date 29-3-2007 corresponding to ACC GR Case No. 25 of 2007 punishable under sections 409/109 of the ......e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ..Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4
Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)
....ima Nasrin, Advocate—For the Opposite-Party. Civil Revision No. 4682 of 2009. Judgment Soumendra Sarker J.— The Leave was granted to decide as to whether the impugned order dated 18-10-2009 passed by the learned Additional District Judge, 8th Court, Dhaka in Civil Revision...... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
....an application under Article 102 of the Constitution of the People's Republic of Bangladesh this Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order No.11 dated 20-1-2011 passed by the learned Judge of the Artha Rin Adalat No.1, Chittagong in Artha Rin Ex......sts.
Let the copy of the judgment and order be sent to all concerned for information and necessary action.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 146
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Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
....ons filed by 4(four) accused petitioners challenging the proceeding of Special Case No. 56 of 2003 (formerly Metropolitan Special Case No.72 of 2003) arising out of Tejgaon Police Station Case No. 34 dated 07.08.2002 corresponding to BAC B.R. No. 81 of 2002, under sections 409/418/109 of the Penal C......d charge sheet do not constitute any offence under sections 409 and 418 of the Penal Code and section 5 (2) of the Act II of 1947. He further submits that to commit offence under section 409 criminal breach of trust by a public servant, the prosecution has to prove not only entrustment of or dominio..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Badsha Mia Vs. State, 2013, 42 CLC (HCD)
.... Code of Criminal Procedure filed by the accused-petitioners, calling upon the opposite-party to show cause as to why the proceedings of GR case No. 17 of 2007 corresponding to Boalmari PS case No.08 dated 15-2-2007 under section 420/406/109 of the Penal Code now pending in the Court of Additio......ey obtained the tin sheet fraudulently inducing anybody to part with the same to him. Furthermore the proceeding cannot continue against the petitioner alone as the abettor of the offence of criminal breach of trust punishable under section 406 of the Penal Code without the principal offender of suc..Category: Criminal Law, Procedural Law | Date: 20 Feb, 2013 | Hits: 4
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....fur Rahman Mondal and Sheikh Mohammad Morshed, Advocates) instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Appeal No. 53 of 2011. (From the judgment and order dated 3-8-2010 passed by the High Court Division on First Appeal No.281 of 2008.) Judgment ...... doing or providing anything which a party ought under the contract to do or provide, and without which the other party cannot perform his part. Therefore, there is no doubt that the defendant was in breach of the terms of agreement and abruptly cancelled the agreement and forfeited the advance mone..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corporation and others, 2013, 42 CLC (AD)
....er. MA Samad, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.550 of 2010. (From the judgment and order dated 18-8-2009 passed by the High Court Division in Writ Petition No.4806 of 2004). Judgment ......acts do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 31,18 MLR (AD) (2013) 161. ..Category: Others | Date: 14 Feb, 2013 | Hits: 10
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....ation filed under section 115(1) of the Code of Civil Procedure at the instance of the plaintiff-respondent-petitioners calling upon the Opposite-Party to show cause as to why the judgment and decree dated 3-11-2010 passed by the learned Joint District Judge, 3rd Court, Barisal in Title Appeal No.11......no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386. ..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)
....interest in the local politics. On 16-6-2011 rule was issued in the following terms:— "Let a rule nisi issue calling upon the respondents to show cause as to why the notification dated 2-2-2011 so far as it relates to Serial No. 1 declaring of Sarwar Kamal as Mayor of Cox's ......s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 539 ..Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
....sed-petitioner, a Rule was issued calling upon the opposite-parties to show cause as to why the impugned proceedings of Special Case No. 22 of 2007 arising out of Dhan-mondi Police Station Case No.71 dated 19-9-1998 under section 4(2) of the Anti-Corruption Commission Act, 1957, now pending bef...... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
.... of the main application. 34. By filing this application under section 10(1) (a) of the Criminal Law Amendment Act, 1958 the accused-petitioner has challenged the legality of the order dated 18-10-2012 passed by the learned Special Judge, Special Court No. 3, Dhaka in Special Case No.......warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
....oner has completed all official formalities in order to get MRP Passport and thereafter, respondents were given a "Delivery Slip" bearing reference No. 260100000327956 in which the delivery date was stipulated on 8-12-2011. Despite the date was fixed for delivery of MRP Passport on 15......hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
.... it registered showing that the informant and his brother empowered with him to transfer the schedule property. The owners did not execute such deed. In creating the registered power of attorney deed dated 16-11-2006, the accused nos.2-4 had involvement. Subsequently, the petitioner (FIR -named accu......inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)
....n of tea being about 5.20 million kgs; that the 33rd Annual General Meeting (AGM) of the company was held on 29-7-2011, election for one vacant post of a direction was scheduled to take place on that date. But election could not be held due to some disagreements; there were two candidates for one va......ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ..Category: Company Law | Date: 9 Jan, 2013 | Hits: 13
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
....or and of the essential facts that he has to meet or in the alternative, to warn the accused of the case he is to answer. It shall contain the nature and the particulars of the offence by name, the date, time and place. The accused is entitled to know with accuracy and certainty the exact, nature...... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
....h; On an application under section 561A of the of the Code of Criminal Procedure, this Rule was issued calling upon the complainant-opposite-party, to show cause as to why the judgment and order dated 23-2-2010 passed by the learned Sessions Judge, Nilphamari in Criminal Revision No. 21 of 2010......complaint case filed out of time, the said special case could not be proceeded with. Non- payment of cheque-money by allowing dishonour of the cheque does not come within the offence of criminal breach of trust as defined under section 406 of the Penal Code. So, the order of framing charge unde..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
Gulf Air Company GSC and another Vs. Travel Trade Ltd. and others, 2013, 42 CLC (AD)
.... Aktar Imam, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.2407 of 2012. (From the judgment and order dated the 13th day of August, 2012 passed by the High Court Division in Civil Order No.2556 of 2012......09 of 2012 pending before him on merit positively within three weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156. ..Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8
Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
.... Helaluddin Mollah, Advocate—For the Petitioner. Md. Shahrawardi, Deputy Attorney-General—For the Respondent. Jail Petition No.17 of 2010. (From the judgment and order dated 3rd December, 2007 passed by the High Court Division in Death Reference No.27 of 2003 with Cri......to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
....y Md. Amanullah and others, this Rule Nisi was issued calling upon the respondent-contemnors to show cause as to why they should not be punished for violating and disregards to the judgment and order dated 8-12-2009 passed in Writ Petition No. 3968 of 2002. 2. Md. Shahjahan and Mohammad Shafiqu...... Court means civil contempt or criminal contempt and civil contempt is defined as willful disobedience to any judgment, decree, direction, order, writ or other processes of Court or willful breach of an undertaking given to the Court. If our order and direction are disobeyed willfully..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
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